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Ordinance 12-1985 ORDINANCE NO. 12 -1985 AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF LONGWOOD, FLORIDA, CONCERNING ARTICLE III, SECTION 3.01(d) TO CHANGE THE TERM OF CITY COMMISSIONER OFFICE FROM THREE YEARS TO FOUR YEARS; PROVIDING THAT SAID PROPOSED CHARTER AMENDMENT BE SUBMITTED TO THE VOTERS AT THE NEXT GENERAL ELEC'T'ION HELD ON TUESDAY, NOVEMBER 6,2012; PROVIDING THAT IF APPROVED, SUCH AMENDMENT SHALL BE INCORPORATED INTO THE CITY CHARTER; PROVIDING FOR CODIFICATION, SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, Section 166.031, Florida Statutes, provides for the adoption of an ordinance submitting amendments to the City of Longwood's Charter to the electors of the City for approval; WHEREAS, the City Commission of the City of Longwood, Florida, has met and reviewed the City Charter; and WHEREAS, the City Commission has noted that, pursuant to § 3.01(d) of the City Charter, members of the City Commission are currently elected for three (3) year terms, which terms ultimately require that some City Commission elections be held in odd - numbered years when no countywide elections are scheduled; and WHEREAS, the City has observed that voter turnout and participation in municipal elections increase in years in which countywide general elections; and WHEREAS, the City has noted that the financial expense to the City for municipal elections held in conjunction with countywide elections is substantially less than the financial expense to the City for stand -alone municipal elections; and WHEREAS, the City Commission has determined that terms of office for an even number of years will allow each regular City Commissioner election to take place in conjunction with a regularly scheduled statewide general election; and WHEREAS, the City Commission of the City of Longwood, Florida, proposes the following amendment to the Charter of the City of Longwood be submitted to the voters of the City of Longwood at the next General Election on Tuesday, November 6, 2012. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, AS FOLLOWS: City of Longwood Ordinance No. 12 -1985 Page 1 of 4 SECTION 1 . Amendment #1 . The following amendment to the Charter of the City of Longwood is submitted to the qualified electors of the City of Longwood and upon approval by the qualified electors, Section 3.01(d) of the City Charter shall be amended to read as follows: Section 3.01. Composition, qualifications of members, commission districts, election, term of office, oath and forfeiture. (d) Election and term of office. City Commissioners shall be elected for a term of three (3) four 4 years. Four (4) year terms for districts three (3) and five (5) shall commence in 2012 following the election for such districts. Four (4) terms for districts one (1), two (2), and four (4) shall commence in 2014 following the election for such districts. City Commissioners presently on the City Commission shall hold their offices for the term of office for which they were respectively elected until the person elected for their respective successive term takes office. Beg-iflfling in 1993, elections will be held for Commissioners from .., .".... (a), two t e e , »..... four 1 4•. of f or di 1-..:ets three (3) and fi (5) will be held i n 1994 No eleetion will be he n 1 4- -995; thereafter the same pattern will. .'-'.low upon expira.mon. of er Key: Delete, Bold & Strikethrough Insert Bold & Underline SECTION 2 . Amendment #1 Ballot Question The ballot title and summary of the charter amendment referenced in Section 1 herein, followed by the words "yes" and "no" shall be set forth as follows on the ballot at the regular election on November 6, 2012, for consideration by the qualified electors of the City of Longwood, Florida: PROPOSED CHARTER AMENDMENT QUESTION #1 CHARTER AMENDMENT CHANGING TERMS OF OFFICE FOR CITY COMMISSIONERS FROM 3 YEARS TO 4 YEARS. City of Longwood Ordinance No. 12 -1985 Page 2 of 4 Shall the City Charter be amended to change the terms of office for City Commissioners from 3 to 4 years to be effective commencing with City Commission members elected to office in the 2012 election for districts 3 and 5, and with City Commission members elected to office for districts 1, 2 and 4 in the 2014 regular election, thereby causing City regular elections to coincide with countywide general elections held in even - numbered years? YES NO SECTION 3 . referendum. The forgoing proposed amendment to the Charter of the City of Longwood above and its accompanying ballot question contained herein shall be individually placed on the City ballot and submitted to the qualified voters of the City of Longwood at the next General Election on Tuesday, November 6, 2012. The qualified voters shall have an opportunity to vote on the proposed amendment to the Charter. Thereafter, the Charter of the City of Longwood, Florida shall be amended pursuant to the proposed amendment if such amendment receives "yes" or affirmative vote from the majority of the votes cast. The City Clerk of the City of Longwood is hereby authorized and directed to advertise the referendum election authorized herein in accordance with the applicable provisions of the City Charter, City Code, Florida Statutes, Florida Administrative Code, and federal law. In the event it becomes necessary to make modifications to the ballot question contained within Section 2 after adoption of this Ordinance, the City Commission may make such modification by Resolution. SECTION 4. Codification It is the intention of the -City Commission of the City of Longwood that the Charter Amendment proposed in Section 'l of this Ordinance shall become and be made a part of the Charter of the City of Longwood, Florida, if adopted by the qualified electors of the City of Longwood. Articles, sections, and :subsections of the Charter may be renumbered or relettered for editorial and codification purposes and such renumbering and relettering shall not constitute nor be considered substantive changes to the charter amendment as adopted. SECTION 5 . Severability The provisions of this Ordinance are declared to be separable and if any section, sentence, clause, or phrase of this Ordinance shall for any reason be held -to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, or phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. SECTION 6 . Conflicts In the event of a conflict or conflicts between this Ordinance and other ordinances, this Ordinance shall control to the extent such conflict exists. City of Longwood Ordinance No. 12 -1985 Page 3 of 4 SECTION 7 .Effective Date of this Ordinance This Ordinance shall become effective immediately upon its passage and adoption. SECTION 8. Effective Date of Proposed Charter Amendment. The proposed Charter Amendment set forth herein shall take effect if and upon certification of an affirmative majority vote of the qualified electors of the City of Longwood in favor of such at the November 6, 2012 referendum election. FIRST READING: February 20, 2012 SECOND READING: March 5, 2012 PASSEL) AND ADOPTED THIS 4� DAY OF 06Mh , A.D., 2012. CITY OF LONGWOOD, FLORIDA ,I D , Mayor ATTEST: Sarah M. Mirus, N M[C, MBA, City Clerk Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only. Dani . Langley, Ci &ney City of Longwood Ordinance No. 12 -1985 Page 4 of 4